[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11057-S11058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      EXTRADITION TREATY WITH PERU

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to Executive Calendar No. 13, Extradition Treaty with Peru, the treaty 
be advanced through its parliamentary stages up through and including 
the presentation of the resolution of ratification, and that the 
understanding and the condition be agreed to, and the Senate vote on 
the resolution of ratification.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is on agreeing to the resolution of ratification. 
Senators in favor of the resolution, please stand. (After a pause.) All 
those opposed, please stand.
  In the opinion of the Chair, two-thirds of those present and voting 
having voted in the affirmative, the resolution of ratification is 
agreed to.
  The resolution of ratification and condition are as follows:
       Resolved, (two-thirds of the Senators present concurring 
     therein),
       Section 1. Advice and Consent to Ratification of the 
     Extradition Treaty with Peru, subject to an understanding and 
     a condition.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty Between the United States of America and 
     the Republic of Peru, signed at Lima on July 26, 2001 (Treaty 
     Doc. 107-6; in this resolution referred to as the 
     ``Treaty''), subject to the understanding in section 2 and 
     the condition in section 3.
       Section 2. Understanding.
       The advice and consent of the Senate under section 1 is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition of Extradition to the International Criminal 
     Court.--The United States understands that the protections 
     contained in Article XIII concerning the Rule of Speciality 
     would preclude the resurrender of any person extradited to 
     the Republic of Peru from the United States to the 
     International Criminal Court, unless the United States 
     consents to such resurrender; and the United States shall not 
     consent to any such

[[Page S11058]]

     resurrender unless the Statute establishing that Court has 
     entered into force for the United States by and with the 
     advice and consent of the Senate in accordance with Article 
     II, section 2 of the United States Constitution.
       Section 3. Condition.
       The advice and consent of the Senate under section 1 is 
     subject to the condition that nothing in the Treaty requires 
     or authorizes legislation or other action by the United 
     States that is prohibited by the Constitution of the United 
     States as interpreted by the United States.

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